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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 86269
Experience:  Lawyer
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So yesterday I went out drinking with my friends, got my dad

Customer Question

So yesterday I went out drinking with my friends, got my dad to drive me to the bar cause I did not want to drink and drive because thats dumb. It went on from about 730 pm till 3 am, I have receipts that I only had 5 beers that whole night and I am about 250 pounds so it wasnt enough to get me drunk.... We took a cab to my place and we had to go to a 24/7 store to take money out to pay the cab, we paid the cab and everything and when I went to my place I noticed my keys were gone.... I didnt want to bother calling my folks and waking them up (I live in an apartment) so instead we call my gf's folks and they picked us up and brought us to her place. About an hour later or so I got a call from my parents saying my car was in a SERIOUS car wreck. Police came over to my gf's place and questioned us. Saying "If you did it you should just tell us now we dont care we just want to know what happened" but I kept telling them "I didnt do it... I can tell you I dont have my keys I dunno" They informed me that someone fitting ME and my GF description LEAVING the car wreck. I told them it wasnt me, and I saw the car today and if it WAS me, im sure i'd be bloody/bruised/whatever.... Even the police said "You look in WAY too good of condition to have been in that accident...." But im worried that they might go so far as to getting witnesses and im scared that the witnesses might say it was me that did it... When I didn't.... Will I go to prison? Am I screwed for the rest of my life? I didn't do it and everyone knows that I cared so much for that car.... I built it up I worked on it almost everyday and it was my baby. What can I do to clear my name? What evidence? Should I go to the hospital and get them to look me over and write it on paper that I am clearly 100% fine???

Submitted: 11 months ago.
Category: Canada Law
Expert:  Legal Ease replied 11 months ago.
Thank you for your question. My name is XXXXX XXXXX my goal is to provide you with the best possible answer.

To achieve that goal it may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.

But, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.

I am sorry to hear this.

You have denied that you were in an accident.

And your girlfriend has denied this too.

You can also show you too care to get a lift so you won't be stuck with a car after you drank.

Your parents can show that.

And your girlfriend's parents can show that they drove you.

And you can also prove you took a cab if necessary as you would have that receipt or you could call the cab company.

So you have a lot of evidence on your side.

If the police want you to make a statement or charge you remember that it is your right to speak to a lawyer before making any statement.

There is no need to go to the hospital but why not have your girlfriend take some pictures of you and you take some of her?
Customer: replied 11 months ago.

Thank you for the reply Debra.


 


So even if the witnesses say it was us my alibi is still stronger correct? This accident happened in the early morning as the police came and questioned me at around 5 am if I remember correctly so i think it must have been dark.


 


The police said that the car was stolen with the KEYS, So I think I must have dropped my keys or got them taken from the bar....


 


Im just so distraught over this whole thing.... I loved that car with all my heart.

Expert:  Legal Ease replied 11 months ago.
The law is that for you to be convicted the Crown has the burden of proof.

The Crown must prove you are guilty beyond a reasonable doubt.

So if there is any doubt you won't be convicted.

One witness in the dark is not going to be good enough if you and your girlfriend and her parents and yours all testify I wouldn't think.
Customer: replied 11 months ago.

Yeah thats what I thought too, its just the police scared me by saying "We have witnesses who claim it was you so fess up"


 


I dont have a SINGLE criminal charge, I have never had any problems with the law or my insurance im just worried cause I have seen t.v shows where people get put away for literally nothing....

Expert:  Legal Ease replied 11 months ago.
Even if convicted you would not be going to jail.

But based on these facts it sounds like there is nothing much for the police to go on.
Customer: replied 11 months ago.

No I dont think the police will do anything.


 


I think its the insurance, the car was approx 20-30k and im sure they will go door to door asking if anyone has seen anything.

Expert:  Legal Ease replied 11 months ago.
I doubt that.

They will look at the police report though.
Customer: replied 11 months ago.

Ok, you have helped me alot its just really scary to think about and I dont want this horrible situation to ruin my life.

Expert:  Legal Ease replied 11 months ago.
It can't ruin your life but I can see why you feel so worried.

I hope this works out.
Customer: replied 11 months ago.

Well, it could ruin my life if the witnesses say it was me and i am found guilty right?

Expert:  Legal Ease replied 11 months ago.
It would not ruin your life.

You could be charged with leaving the scene of an accident.

But that will not really ruin your life.
Customer: replied 11 months ago.

Wouldn't I get DUI cause I admitted to drinking?


 


Wouldnt I get in alot of trouble because if they think im guilty, then they think I am lying... which is stupid....

Expert:  Legal Ease replied 11 months ago.
You could be charged with impaired driving.

And you could end up with a criminal record and with problems with getting insurance but you aren't going to jail or ruining your life.
Customer: replied 11 months ago.

Well I guess i'll have to wait and see and just be 100% honest. I know I did nothing and I have lots of people who were with me.

Expert:  Legal Ease replied 11 months ago.
And that's great.
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 86269
Experience: Lawyer
Legal Ease and other Canada Law Specialists are ready to help you
Customer: replied 10 months ago.

I recieved a summons to appear in court today from the same police officer that questioned me the night of the accident. So I got a summons to appear in court, it says "Fail to remain at the scene of an accident and exhange particulars" The paper the officer gave me says the accident occured at 3:50 am even though I called her parents at 3:40 am or so to pick us up... My girlfriend and her mom said they were with me at the times... I guess my questions are:
1. Do I need a lawyer? Is it a good idea to have a lawyer represent me?

2. It says on the ticket: Respond between jan 21 - feb 04. So does that mean I will be going infront of a jury and stuff? I dont get the process really, whichever day I choose will I have to tell the judge what happened?

3. What if I get found guilty? What if they just decide "Hey I think hes guilty" will I go to prison?
Thank you.

Expert:  Legal Ease replied 10 months ago.
1. It's not necessary to have a lawyer represent you. If your province has licenced paralegals it may be a good idea to retain a paralegal.

2.There won't be a jury. You can plead not guilty or you can plead guilty. If you plead not guilty there will eventually be a trial with a Judge.

3. There will be a fine at the most. There will not be jailtime.
Customer: replied 10 months ago.

Okay, I may get someone to represent me just to be safe as it would probably look better on my half.


 


Do you know how much the fines would be? I mean I guess they are pretty much calling me out on fraud arent they? I already cashed the cheque for the car since it was written off for a total of 25000 dollars.

Expert:  Legal Ease replied 10 months ago.
The ticket is not for fraud.

But the insurance company make take that position so you should at leas consult with a lawyer face to face now.

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